1.1.P.220 PPL Rules

Definition

The Minister may, by legislative instrument, make PPL Rules. The rules provide for matters required or permitted by the PPLAct or necessary or convenient to be provided in order to carry out or give effect to the PPLAct.

Disallowable legislative instruments must be registered on the Federal Register of Legislative Instruments. Once registered, decisions may be made on the basis of the legislative instrument from it's date of commencement.

Once registered, disallowable legislative instruments are tabled in each House of Parliament on a sitting day that occurs after the instrument has been registered. An instrument may be disallowed by either House in whole or part, at any time within 15 sitting days of the instrument being tabled in that House. The combined effect of the Legislative Instruments Act 2003 sections 15 and 42, is that disallowance does not affect any decisions made pursuant to the instrument prior to a disallowance.

The PPL Rules are a disallowable legislative instrument. The Rules commenced on 25 December 2010. The Rules were amended with effect from 1 July 2011.

The PPL Rules (among other things):

  • specify exceptional circumstances in which a primary, secondary or tertiary claim can be made and the eligibility criteria to be met by particular categories of claimants in exceptional circumstances,
  • provide more detail about the defined concepts 'paid work' and 'paid leave',
  • set out the information that an employer and Centrelink must provide a PLP recipient after an instalment of PLP is paid, and the records to be kept by employers,
  • may prescribe guidelines for the operation of the interest charge on debts,
  • may prescribe circumstances that exempt a person from an interest charge on debts,
  • provide guidelines for giving public interest certificates,
  • clarify who is an employee for PLP purposes,
  • prescribe certain circumstances in which DAPP can be paid to a second person for the same child,
  • prescribe certain circumstances where a person can still receive DAPP, despite no longer meeting eligibility criteria in the PPLAct,
  • prescribe circumstances under which a claim for DAPP can be made,
  • prescribe circumstances in which a a DAPP claimant is taken to be 'not working' to allow for DAPP claimants to remain eligible where they receive a top-up payment or workers compensation, and
  • set out the information that Centrelink must provide a DAPP recipient after DAPP is paid.

Act reference: PPLAct section 6 The Dictionary, section 298 The PPL rules, section 276 How this Act applies to claims made in exceptional circumstances

Legislative Instrument Act 2003

Paid Parental Leave Rules 2010

Policy reference: PPL Guide 2.2.10.50 Primary Claimant for PLP in Exceptional Circumstances - Any Other Person, 2.2.11.20 Secondary Claimant for PLP in Exceptional Circumstances - Any Other Person, 2.2.12 Who is a Tertiary Claimant for PLP?, 2.2.2 PPL Scheme Work Test for PLP, 4.3.5 Obligations of Employers Relating to Paying Instalments of PLP, 4.3.6.60 Record of Payment of PLP, 7.3.3 Interest Charge on Debts, 9.1.5 Persons Who Are Not Employees or Employers

Last reviewed: 3 January 2017